[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2003]
[CITE: 49CFR1035]
[Page 72-78]
TITLE 49--TRANSPORTATION
CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION
PART 1035--BILLS OF LADING--Table of Contents
Sec.
1035.1 Requirement for certain forms of bills of lading.
1035.2 Modification of front of uniform bill of lading.
Appendix A to Part 1035--Uniform Straight Bill of Lading
[[Page 73]]
Appendix B to Part 1035--Contract Terms and Conditions
Authority: 49 U.S.C. 721, 11706, 14706.
Source: 58 FR 60797, Nov. 18, 1993, unless otherwise noted.
Cross References: For interstate transportation of livestock, see 9
CFR parts 71-77. For lading and unlading of vessels, see 19 CFR part 4.
Sec.1035.1 Requirement for certain forms of bills of lading.
(a) All common carriers, except express companies, engaged in the
transportation of property other than livestock and wild animals, by
rail or by water subject to the Interstate Commerce Act are required to
use straight bills of lading as prescribed in Appendix A and B to this
part, or order bills of lading as prescribed in Appendix A and B to this
Part, except that order bills of lading shall:
(1) Be entitled ``Uniform Order Bill of Lading'' and be designated
as ``Negotiable'' on the front (appendix A to this part);
(2) Indicate consignment ``to the order of * * * '' on the front
(appendix A to this part); and
(3) Provide for endorsement on the back portion (appendix B to this
part).
(b) All such bills of lading:
(1) May be either documented on paper or issued electronically;
(2) May be a copy, reprographic or otherwise, of a printed bill of
lading, free from erasure and interlineation;
(3) May vary in the arrangement and spacing of the printed matter on
the face of the form.
Sec.1035.2 Modification of front of uniform bill of lading.
Notwithstanding any other provision of Sec.1035.1(a), with respect
to the information called for, the front portion only (appendix A to
this part) of a bill of lading may deviate from the language prescribed
in this part so long as the deviation conforms with approved national
standards for the electronic data interchange or other commercial
requirements for bill of lading information; provided that no such
deviation in the language shall affect the obligations of any shipper to
provide information absent the consent of such shipper nor shall such
deviation be deemed to alter any rights or obligations conferred by
statute or regulation on either carriers or shippers with respect to the
preparation or issuance of bills of lading.
Appendix A to Part 1035--Uniform Straight Bill of Lading
Uniform Straight Bill of Lading
Original--Not Negotiable
Shipper's No____________________________________________________________
Agent's No______________________________________________________________
Company_________________________________________________________________
Received, subject to the classifications and tariffs in effect on
the date of this Bill of Lading:
at--------------------------, 19--
from____________________________________________________________________
the property described below, in apparent good order, except as noted
(contents and condition of contents of packages unknown), marked,
consigned, and destined as indicated below, which said company (the word
company being understood throughout this contract as meaning any person
or corporation in possession of the property under the contract) agrees
to carry to its usual place of delivery at said destination, if on its
own road or its own water line, otherwise to deliver to another carrier
on the route to said destination. It is mutually agreed, as to each
carrier of all or any of said property over all or any portion of said
route to destination, and as to each party at any time interested in all
or any of said property, that every service to be performed hereunder
shall be subject to all the conditions not prohibited by law, whether
printed or written, herein contained, including the conditions on back
hereof, which are hereby agreed to by the shipper and accepted for
himself and his assigns.
[Mail or street address of consignee--For purposes of notification
only.]
Consigned to____________________________________________________________
Destination_____________________________________________________________
State of________________________________________________________________
County of_______________________________________________________________
Route___________________________________________________________________
Delivering Carrier______________________________________________________
Car Initial_____________________________________________________________
Car No__________________________________________________________________
Trailer Initials/Number_________________________________________________
Length__________________________________________________________________
Plan____________________________________________________________________
Length__________________________________________________________________
Plan____________________________________________________________________
Container Initials/Number_______________________________________________
Length__________________________________________________________________
[[Page 74]]
________________________________________________________________________
Plan____________________________________________________________________
Length__________________________________________________________________
Plan____________________________________________________________________
----------------------------------------------------------------------------------------------------------------
Description of
articles, special *Weight Class or Check
No. packages marks, and (subject to rate column
exceptions correction)
----------------------------------------------------------------------------------------------------------------
....................... ................. ........... ........... ........... Subject to Section 7 of
conditions, if this shipment
is to be delivered to the
consignee without recourse
on the consignor, the
consignor shall sign the
following statement:
....................... ................. ........... ........... ........... ..........................
....................... ................. ........... ........... ........... The carrier shall not make
delivery of this shipment
without payment of freight
and all other lawful
charges.
....................... ................. ........... ........... ........... .............................
....................... ................. ........... ........... ........... .............................
....................... ................. ........... ........... ........... .............................
.....................
(Signature of consignor)
....................... ................. ........... ........... ........... .............................
==============================
....................... ................. ........... ........... ........... If charges are to be prepaid,
write or stamp here,
....................... ................. ........... ........... ........... ``To be Prepaid.''
....................... ................. ........... ........... ........... .............................
....................... ................. ........... ........... ........... Received $------ to apply in
prepayment of the charges on
the property described
hereon.
....................... ................. ........... ........... ........... .............................
....................... ................. ........... ........... ........... .............................
.....................
Agent or Cashier
....................... ................. ........... ........... ........... Per----------------
....................... ................. ........... ........... ........... (The signature here
acknowledges only the amount
prepaid.)
....................... ................. ........... ........... ........... .............................
==============================
----------------------------------------------------------------------------------------------------------------
*If the shipment moves between two ports by a carrier by water, the law requires that the bill of lading shall
state whether it is ``carrier's or shipper's weight.''
Note.--Where the rate is dependent on value, shippers are required to state specifically in writing the agreed
or declared value of the property.
The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding--
---------------------------------------- per----------------------------------------
Charges advanced: ----------------------------------------
Shipper
Agent
Per
Per
Permanent post office address of shipper
Appendix B to Part 1035--Contract Terms and Conditions
Contract Terms and Conditions
Sec. 1. (a) The carrier or party in possession of any of the
property herein described shall be liable as at common law for any loss
thereof or damage thereto, except as hereinafter provided.
(b) No carrier or party in possession of all or any of the property
herein described shall be liable for any loss thereof or damage thereto
or delay caused by the act of God, the public enemy, the authority of
law, or the act or default of the shipper or owner, or for natural
shrinkage. The carrier's liability shall be that of warehouseman, only,
for loss, damage, or delay caused by fire occurring after the expiration
of the free time allowed by tariffs lawfully on file (such free time to
be computed as therein provided) after notice of the arrival of the
property at destination or at the port of export (if intended for
export) has been duly sent or given, and after placement of the property
for delivery at destination, or tender of delivery of the property to
the party entitled to receive it, has been made. Except in case of
negligence of the carrier or party in possession (and the burden to
prove freedom from such negligence shall be on the carrier or party in
possession), the carrier or party in possession shall not be liable for
loss, damage, or delay occurring while the property is stopped and held
in transit upon the request of the shipper, owner, or party entitled to
make such request, or resulting from
[[Page 75]]
a defect or vice in the property, or for country damage to cotton, or
from riots or strikes.
(c) In case of quarantine the property may be discharged at risk and
expense of owners into quarantine depot or elsewhere, as required by
quarantine regulations or authorities, or for the carrier's dispatch at
nearest available point in carrier's judgment, and in any such case
carrier's responsibility shall cease when property is so discharged, or
property may be returned by carrier at owner's expense to shipping
point, earning freight both ways. Quarantine expenses of whatever nature
or kind upon or in respect to property shall be borne by the owners of
the property or be a lien thereon. The carrier shall not be liable for
loss or damage occasioned by fumigation or disinfection or other acts
required or done by quarantine regulations or authorities even though
the same may have been done by carrier's officers, agents, or employees,
nor for detention, loss, or damage of any kind occasioned by quarantine
or the enforcement thereof. No carrier shall be liable, except in case
of negligence, for any mistake or inaccuracy in any information
furnished by the carrier, its agents, or officers, as to quarantine laws
or regulations. The shipper shall hold the carriers harmless from any
expense they may incur, or damages they may be required to pay, by
reason of the introduction of the property covered by this contract into
any place against the quarantine laws or regulations in effect at such
place.
Sec. 2. (a) No carrier is bound to transport said property by any
particular train or vessel, or in time for any particular market or
otherwise than with reasonable dispatch. Every carrier shall have the
right in case of physical necessity to forward said property by any
carrier or route between the point of shipment and the point of
destination. In all cases not prohibited by law, where a lower value
than actual value has been represented in writing by the shipper or has
been agreed upon in writing as the released value of the property as
determined by the classification or tariffs upon which the rate is
based, such lower value plus freight charges if paid shall be the
maximum amount to be recovered, whether or not such loss or damage
occurs from negligence.
(b) As a condition precedent to recovery, claims must be filed in
writing with the receiving or delivering carrier, or carrier issuing
this bill of lading, or carrier on whose line the loss, damage, injury
or delay occurred, within nine months after delivery of the property
(or, in case of export traffic, within nine months after delivery at
port of export) or, in case of failure to make delivery, then within
nine months after a reasonable time for delivery has elapsed; and suits
shall be instituted against any carrier only within two years and one
day from the day when notice in writing is given by the carrier to the
claimant that the carrier has disallowed the claim or any part or parts
thereof specified in the notice. Where claims are not filed or suits are
not instituted thereon in accordance with the foregoing provisions, no
carrier hereunder shall be liable, and such claims will not be paid.
(c) Any carrier or party liable on account of loss of or damage to
any of said property shall have the full benefit of any insurance that
may have been effected upon or on account of said property, so far as
this shall not avoid the policies or contracts of insurance: Provided,
That the carrier reimburse the claimant for the premium paid thereon.
Sec. 3. Except where such service is required as the result of
carrier's negligence, all property shall be subject to necessary
cooperage and baling at owner's cost. Each carrier over whose route
cotton or cotton linters is to be transported hereunder shall have the
privilege, at its own cost and risk, of compressing the same for greater
convenience in handling or forwarding, and shall not be held responsible
for deviation or unavoidable delays in procuring such compression. Grain
in bulk consigned to a point where there is a railroad, public or
licensed elevator, may (unless otherwise expressly noted herein, and
then if it is not promptly unloaded) be there delivered and placed with
other grain of the same kind and grade without respect to ownership (and
prompt notice thereof shall be given to the consignor), and if so
delivered shall be subject to a lien for elevator charges in addition to
all other charges hereunder.
4. (a) Property not removed by the party entitled to receive it
within the free time allowed by tariffs, lawfully on file (such free
time to be computed as therein provided), after notice of the arrival of
the property at destination or at the port of export (if intended for
export) has been duly sent or given, and after placement of the property
for delivery at destination has been made, may be kept in vessel, car,
depot, warehouse or place of delivery of the carrier, subject to the
tariff charge for storage and to carrier's responsibility as
warehouseman, only, or at the option of the carrier, may be removed to
and stored in a public or licensed warehouse at the place of delivery or
other available place, at the cost of the owner, and there held without
liability on the part of the carrier, and subject to a lien for all
freight and other lawful charges, including a reasonable charge for
storage.
(b) Where nonperishable property which has been transported to
destination hereunder is refused by consignee or the party entitled to
receive it, or said consignee or party entitled to receive it fails to
receive it within 15 days after notice of arrival shall have been duly
sent or given, the carrier may sell the same at public auction to the
[[Page 76]]
highest bidder, at such place as may be designated by the carrier:
Provided, That the carrier shall have first mailed, sent, or given to
the consignor notice that the property has been refused or remains
unclaimed, as the case may be, and that it will be subject to sale under
the terms of the bill of lading if disposition be not arranged for, and
shall have published notice containing a description of the property,
the name of the party to whom consigned, or, if shipped order notify,
the name of the party to be notified, and the time and place of sale,
once a week for two successive weeks, in a newspaper of general
circulation at the place of sale or nearest place where such newspaper
is published: Provided, That 30 days shall have elapsed before
publication of notice of sale after said notice that the property was
refused or remains unclaimed was mailed, sent, or given.
(c) Where perishable property which has been transported hereunder
to destination is refused by consignee or party entitled to receive it,
or said consignee or party entitled to receive it shall fail to receive
it promptly, the carrier, may, in its discretion, to prevent
deterioration or further deterioration, sell the same to the best
advantage at private or public sale: Provided, That if time serves for
notification to the consignor or owner of the refusal of the property or
the failure to receive it, and request for disposition of the property,
such notification shall be given, in such manner as the exercise of due
diligence requires, before the property is sold.
(d) Where the procedure provided for in the two paragraphs last
preceding is not possible, it is agreed that nothing contained in said
paragraphs shall be construed to abridge the right of the carrier at its
option to sell the property under such circumstances and in such manner
as may be authorized by law.
(e) The proceeds of any sale made under this section shall be
applied by the carrier to the payment of freight, demurrage, storage,
and any other lawful charges and the expense of notice, advertisement,
sale, and other necessary expense and of caring for and maintaining the
property, if proper care of the same requires special expense, and
should there be a balance it shall be paid to the owner of the property
sold hereunder.
(f) Property destined to or taken from a station, wharf, or landing
at which there is no regularly appointed freight agent shall be entirely
at risk of owner after unloaded from cars or vessels or until loaded
into cars or vessels, and except in case of carrier's negligence, when
received from or delivered to such stations, wharves, or landings shall
be at owner's risk until the cars are attached to and after they are
detached from locomotive or train or until loaded into and after
unloaded from vessels.
Sec. 5. No carrier hereunder will carry or be liable in any way for
any documents, specie, or for any articles of extraordinary value not
specifically rated in the published classifications or tariffs unless a
special agreement to do so and a stipulated value of the articles are
indorsed hereon.
Sec. 6. Every party, whether principal or agent, shipping explosives
or dangerous goods, without previous full written disclosure to the
carrier of their nature, shall be liable for and indemnify the carrier
against all loss or damage caused by such goods, and such goods may be
warehoused at owner's risk and expense or destroyed without
compensation.
Sec. 7. The owner or consignee shall pay the freight and average, if
any, and all other lawful charges accruing on said property; but, except
in those instances where it may lawfully be authorized to do so, no
carrier by railroad shall deliver or relinquish possession at
destination of the property covered by this bill of lading until all
tariff rates and charges thereon have been paid. The consignor shall be
liable for the freight and all other lawful charges, except that if the
consignor stipulates, by signature, in the space provided for that
purpose on the face of this bill of lading that the carrier shall not
make delivery without requiring payment of such charges and the carrier,
contrary to such stipulation, shall make delivery without requiring such
payment, the consignor (except as hereinafter provided) shall not be
liable for such charges. Provided, that, where the carrier has been
instructed by the shipper or consignor to deliver said property to a
consignee other than the shipper or consignor, such consignee shall not
be legally liable for transportation charges in respect of the
transportation of said property (beyond those billed against him at the
time of delivery for which he is otherwise liable) which may be found to
be due after the property has been delivered to him, if the consignee
(a) is an agent only and has no beneficial title in said property, and
(b) prior to delivery of said property has notified the delivering
carrier in writing of the fact of such agency and absence of beneficial
title, and, in the case of a shipment reconsigned or diverted to a point
other than that specified in the original bill of lading, has also
notified the delivering carrier in writing of the name and address of
the beneficial owner of said property; and, in such cases the shipper or
consignor, or, in the case of a shipment so reconsigned or diverted, the
beneficial owner, shall be liable for such additional charges. If the
consignee has given to the carrier erroneous information as to who the
beneficial owner is, such consignee shall himself be liable for such
additional charges. On shipments reconsigned or diverted by an agent who
has furnished the carrier in the reconsignment or diversion order with a
notice of agency and the proper name and address of the beneficial
owner, and where such
[[Page 77]]
shipments are refused or abandoned at ultimate destination, the said
beneficial owner shall be liable for all legally applicable charges in
connection therewith. If the reconsignor or diverter has given to the
carrier erroneous information as to who the beneficial owner is, such
reconsignor or diverter shall himself be liable for all such charges.
If a shipper or consignor of a shipment of property (other than a
prepaid shipment) is also the consignee named in the bill of lading and,
prior to the time of delivery, notifies, in writing, a delivering
carrier by railroad (a) to deliver such property at destination to
another party, (b) that such party is the beneficial owner of such
property, and (c) that delivery is to be made to such party only upon
payment of all transportation charges in respect of the transportation
of such property, and delivery is made by the carrier to such party
without such payment, such shipper or consignor shall not be liable (as
shipper, consignor, consignee, or otherwise) for such transportation
charges but the party to whom delivery is so made shall in any event be
liable for transportation charges billed against the property at the
time of such delivery, and also for any additional charges which may be
found to be due after delivery of the property, except that if such
party prior to such delivery has notified in writing the delivering
carrier that he is not the beneficial owner of the property, and has
given in writing to such delivering carrier the name and address of such
beneficial owner, such party shall not be liable for any additional
charges which may be found to be due after delivery of the property; but
if the party to whom delivery is made has given to the carrier erroneous
information as to the beneficial owner, such party shall nevertheless be
liable for such additional charges. If the shipper or consignor has
given to the delivering carrier erroneous information as to who the
beneficial owner is, such shipper or consignor shall himself be liable
for such transportation charges, notwithstanding the foregoing
provisions of this paragraph and irrespective of any provisions to the
contrary in the bill of lading or in the contract of transportation
under which the shipment was made. The term ``delivering carrier'' means
the line-haul carrier making ultimate delivery.
Nothing herein shall limit the right of the carrier to require at
time of shipment the prepayment or guarantee of the charges. If upon
inspection it is ascertained that the articles shipped are not those
described in this bill of lading, the freight charges must be paid upon
the articles actually shipped.
Where delivery is made by a common carrier by water the foregoing
provisions of this section shall apply, except as may be inconsistent
with part III of the Interstate Commerce Act.
Sec. 8. If this bill of lading is issued on the order of the
shipper, or his agent, in exchange or in substitution for another bill
of lading, the shipper's signature to the prior bill of lading as to the
statement of value or otherwise, or election of common law or bill of
lading liability, in or in connection with such prior bill of lading,
shall be considered a part of this bill of lading as fully as if the
same were written or made in or in connection with this bill of lading.
Sec. 9. (a) If all or any part of said property is carried by water
over any part of said route, and loss, damage or injury to said property
occurs while the same is in the custody of a carrier by water the
liability of such carrier shall be determined by the bill of lading of
the carrier by water (this bill of lading being such bill of lading if
the property is transported by such water carrier thereunder) and by and
under the laws and regulations applicable to transportation by water.
Such water carriage shall be performed subject to all the terms and
provisions of, and all the exemptions from liability contained in the
Act of Congress of the United States, approved on February 13, 1893, and
entitled ``An act relating to the navigation of vessels, etc.'' and of
other statutes of the United States according carriers by water the
protection of limited liability as well as the following subdivisions of
this section: and to the conditions contained in this bill of lading not
inconsistent with this section, when this bill of lading becomes the
bill of lading of the carrier by water.
(b) No such carrier by water shall be liable for any loss or damage
resulting from any fire happening to or on board the vessel, or from
explosion, bursting of boilers or breakage of shafts, unless caused by
the design or neglect of such carrier.
(c) If the owner shall have exercised due diligence in making the
vessel in all respects seaworthy and properly manned, equipped and
supplied, no such carrier shall be liable for any loss or damage
resulting from the perils of the lakes, seas, or other waters, or from
latent defects in hull, machinery, or appurtenances whether existing
prior to, at the time of, or after sailing, or from collision,
stranding, or other accidents of navigation, or from prolongation of the
voyage. And, when for any reason it is necessary, any vessel carrying
any or all of the property herein described shall be at liberty to call
at any port or ports, in or out of the customary route, to tow and be
towed, to transfer, trans-ship, or lighter, to load and discharge goods
at any time, to assist vessels in distress, to deviate for the purpose
of saving life or property, and for docking and repairs. Except in case
of negligence such carrier shall not be responsible for any loss or
damage to property if it be necessary or is usual to carry the same upon
deck.
[[Page 78]]
(d) General Average shall be payable according to the York-Antwerp
Rules of 1924, sections 1 to 15, inclusive, and sections 17 to 22,
inclusive, and as to matters not covered thereby according to the laws
and usages of the Port of New York. If the owners shall have exercised
due diligence to make the vessel in all respects seaworthy and properly
manned, equipped and supplied, it is hereby agreed that in case of
danger, damage or disaster resulting from faults or errors in
navigation, or in the management of the vessel, or from any latent or
other defects in the vessel, her machinery or appurtenance, or from
unseaworthiness, whether existing at the time of shipment or at the
beginning of the voyage (provided the latent or other defects or the
unseaworthiness was not discoverable by the exercise of due diligence),
the shippers, consignees and/or owners of the cargo shall nevertheless
pay salvage and any special charges incurred in respect of the cargo,
and shall contribute with the shipowner in general average to the
payment of any sacrifices, losses or expenses of a general average
nature that may be made or incurred for the common benefit or to relieve
the adventure from any common peril.
(e) If the property is being carried under a tariff which provides
that any carrier or carriers party thereto shall be liable for loss from
perils of the sea, then as to such carrier or carriers the provisions of
this section shall be modified in accordance with the tariff provisions,
which shall be regarded as incorporated into the conditions of this bill
of lading.
(f) The term ``water carriage'' in this section shall not be
construed as including lighterage in or across rivers, harbors, or
lakes, when performed by or on behalf of rail carriers.
Sec. 10. Any alteration, addition, or erasure in this bill of lading
which shall be made without the special notation hereon of the agent of
the carrier issuing this bill of lading, shall be without effect, and
this bill of lading shall be enforceable according to its original
tenor.